Title 54, Title 54: Public Utilities

54-14-201. Conditions on siting of facilities by local governments -- Payment of actual excess costs. If otherwise authorized by law, a local government may require or condition the construction of a facility in any manner if: (1) the requirements or conditions do not impair the …

54-14-202. Public utility to provide standard cost and estimated excess cost. (1) A public utility shall provide the information described in Subsectionif a local government: (1)(b) is considering imposing requirements or conditions on construction of a facility that may result i…

54-14-203. Actual excess cost. (1) If a local government issues a permit, authorization, approval, exception, or waiver based upon its agreement to pay for the actual excess cost of a facility, the local government shall within 30 days either accept the estimate of excess cost as…

54-14-204. Requirements or conditions on facility considered waived if local government does not pay for actual excess cost 30 days before construction. Any requirement or condition in any permit, authorization, approval, exception, or waiver of a local government for a facility …

54-14-301. Creation, purpose, and composition of board. (1) The Utility Facility Review Board is created to resolve disputes between local governments and public utilities regarding the siting and construction of facilities as provided in this part. (2) The board shall be compose…

54-14-302. Staff and support for board. The Department of Commerce and the commission shall provide any staff, services, or meeting rooms the board requires to perform its duties.

54-14-303. Actions or disputes for which board review may be sought. (1) A local government or public utility may seek review by the board, if: a local government has imposed requirements on the construction of a facility that result in estimated excess costs without entering int…

54-14-304. Initial hearing. (1) The board shall convene an initial hearing within 50 days after the date review is initiated. (2) At the initial hearing, the board shall: determine how the review will take place, including whether it will be conducted as a formal or informal adju…

54-14-305. Written decisions of board. (1) The board shall issue a written decision on the review expeditiously and, in any event, not later than 75 days following the initial hearing. (2) The written decision shall: specify whether the facility should be constructed and, if so, …

54-14-306. Action required of local government following board decision. (1) If the board decides that a facility permitted to be constructed by a local government is subject to requirements or conditions that impose an estimated excess cost but do not impair the provision of saf…

54-14-307. Stay of board's decision pending review or appeal. (1) A petition for review, rehearing, or reconsideration or a petition for judicial review does not stay or suspend the effectiveness of a written decision of the board. (2) Any party seeking to stay the effectiveness …

54-14-308. Judicial review in formal adjudicative proceedings. The Court of Appeals has jurisdiction to review any decision of the board in a formal adjudicative proceeding as described in Sectionsand.